HC miffed at delayed night curfew decision

Court says govt must avoid forcing it to interfere in executive role

Telangana High Court expressed deep dissatisfaction over Telangana government unduly delaying its announcement of continuing or otherwise of night curfew in the state in the wake of increasing cases of Coronavirus.

The court asked state’s Advocate General B. S. Prasad several times over the government’s decision on night curfew. The AG, however, maintained that the government was yet to take a decision on the matter.

Chief Justice Hima Kohli made it amply clear that governments should avoid taking considerable time in arriving at a decision, as the court would not like to cross the fine line. The

● THE GOVERNMENT was to inform the High Court whether or not night curfew would be extended on Thursday itself. But the advocate general requested the court for another day’s time, as the Chief Secretary had to know conditions at the ground level.

CJ said, “This court does not believe in interfering into the role of executive. However, if the executive does not want to take a decision, then the court will issue the order.”

The government was to inform the High Court whether or not night curfew would be extended on Thursday itself. But the advocate general requested the court for another day’s time, as the Chief

Secretary had to know conditions at the ground level.

On Friday, the Division Bench comprising CJ Hima Kohli and Justice B. Vijaysen Reddy commenced proceedings at 10.30 am and inquired from AG about the night curfew, which expired on Friday. Prasad said no decision had yet been taken and asked for some more time. Acceding to the request of AG, the court allowed him to get instructions from the government at the earliest. At 1:15 p.m., after the Division Bench completed hearing all its cases, it again asked AG whether any decision has been taken. Prasad informed the court that Chief Secretary, Telangana, had informed him that the Telangana government is monitoring the

Covid-19 situation and all efforts will be made to contain and curtail the situation.

After this, Chief Justice Hima Kohli gave the AG another 45 minutes for the Telangana government to take a decision. Subsequently, Prasad placed G.O. 91 before the court stating that G. O. dated 20th April 2021 had been extended for a period of seven days, that is, till 5 am on 8th May,

2021.

The court took G.O. 91 on record and adjourned the batch of PILs to May

5, 2021.

The CJ said, “Perhaps, this will be the last time, Telangana government takes such a long time in arriving at a decision. If this is repeated again, the government will be testing waters that are too hot,” she observed.